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FIFTH SECTION CASE OF KOTUGIN AND OTHERS v. RUSSIA (Applications nos. 33736/22 and 31 others – see appended list)             JUDGMENT   STRASBOURG 27 June 2024   This judgment is final but it may be subject to editorial revision. In the case of Kotugin and Others v. Russia, The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:  María Elósegui, President,  Kateřina Šimáčková,  Stephane Pisani, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 6 June 2024, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.  The case originated in applications against Russia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.  The Russian Government (“the Government”) were given notice of the applications. THE FACTS 3.  The list of applicants and the relevant details of the applications are set out in the appended table. 4.  The applicants complained of the disproportionate measures taken against them as participants of nationwide protests against the Russian military attack on Ukraine. They also raised other complaints under the provisions of the Convention. THE LAW JOINDER OF THE APPLICATIONS 5.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. JURISDICTION 6.  The Court observes that the facts giving rise to the alleged violations of the Convention occurred prior to 16 September 2022, the date on which the Russian Federation ceased to be a party to the Convention. The Court therefore decides that it has jurisdiction to examine the present applications (see Fedotova and Others v. Russia [GC], nos. 40792/10 and 2 others, §§ 68‑73, 17 January 2023). ALLEGED VIOLATION OF ARTICLE 11 OF THE CONVENTION 7.  The applicants complained principally of disproportionate measures taken against them as organisers or participants of public assemblies, namely their arrest in relation to the dispersal of these assemblies and their conviction for administrative offences. They relied, expressly or in substance, on Article 11 of the Convention. 8.  The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v. Lithuania [GC], no. 37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Oya Ataman v. Turkey, no. 74552/01, ECHR 2006‑XIV, and Hyde Park and Others v. Moldova, no. 33482/06, 31 March 2009). 9.  In the leading cases of Frumkin v. Russia, no. 74568/12, ECHR 2016 (extracts), Navalnyy and Yashin v. Russia, no. 76204/11, 4 December 2014 and Kasparov and Others v. Russia, no. 21613/07, 3 October 2013, the Court already found a violation in respect of issues similar to those in the present case. 10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the interferences with the applicants’ freedom of assembly were not “necessary in a democratic society”. 11.  These complaints are therefore admissible and disclose a breach of Article 11 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 12.  The applicants submitted other complaints which also raised issues under the Convention and its Protocols, given the relevant well-established case-law of the Court (see appended table). These complaints are not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. 13.  Having examined all the material before it, the Court concludes that these complaints also disclose violations of the Convention and its Protocols in the light of its findings in Butkevich v. Russia, no. 5865/07, §§ 63-65, 13 February 2018, Tsvetkova and Others v. Russia, nos. 54381/08 and 5 others, §§ 115-31, 10 April 2018, and Korneyeva v. Russia, no. 72051/17, §§ 34-36, 8 October 2019, as to various aspects of unlawful deprivation of liberty of organisers or participants of public assemblies; Karelin v. Russia, no. 926/08, §§ 58-85, 20 September 2016, concerning the absence of a prosecuting party in the proceedings under the Code of Administrative Offences (the CAO); and Martynyuk v. Russia, no. 13764/15, §§ 38-42, 8 October 2019, relating to the lack of suspensive effect of an appeal against the sentence of administrative detention. REMAINING COMPLAINTS 14.  Some applicants raised further additional complaints under Article 6 of the Convention concerning other aspects of fairness of the administrative‑offence proceedings. In view of the findings above, the Court considers that there is no need to deal separately with these remaining complaints. APPLICATION OF ARTICLE 41 OF THE CONVENTION 15.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Navalnyy and Others v. Russia [Committee], nos. 25809/17 and 14 others, § 22, 4 October 2022), the Court finds it reasonable to award the sums indicated in the appended table. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Holds that it has jurisdiction to deal with these applications as they relate to facts that took place before 16 September 2022; Declares the complaints under Article 11 of the Convention and the other complaints under the well-established case-law of the Court, as set out in the appended table, admissible, and finds that there is no need to examine separately the remaining complaints under Article 6 of the Convention; Holds that there has been a breach of Article 11 of the Convention; Holds that there has been a violation of the Convention and the Protocols thereto as regards the other complaints raised under the well-established case-law of the Court (see appended table); Holds (a)  that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement; (b)  that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Done in English, and notified in writing on 27 June 2024, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina María Elósegui  Acting Deputy Registrar President     APPENDIX List of applications raising complaints under Article 11 of the Convention (disproportionate measures against organisers and participants of public assemblies) No. Application no. Date of introduction Applicant’s name Year of birth   Representative’s name and location Name of the public event Location Date Administrative / criminal offence Penalty Final domestic decision Court Name Date Other complaints under well-established case-law Amount awarded for pecuniary and non‑pecuniary damage and costs and expenses per applicant (in euros)[1]     33736/22 23/06/2022 Vadim Valeryevich KOTUGIN Baranova Natalya Andreyevna Moscow Anti-war protest   St Petersburg   06/03/2022 article 20.2 § 6.1 of CAO detention for 10 days St Petersburg City Court 31/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 2.05 p.m. on 06/03/2022 until 2.11 p.m. on 07/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   5,000     34151/22 20/06/2022 Danil Vladimirovich SHAKUN Bochilo Anna Yevgenyevna Barnaul Anti-war protest   Rostov-on-Don   06/03/2022 article 19.3 § 1 of CAO detention for 15 days Rostov Regional Court 19/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 6.10 p.m. on 06/03/2022 until 11 a.m. on 07/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO . 5,000     34893/22 07/07/2022 Sergey Ivanovich KONSTANTINOV Bochilo Anna Yevgenyevna Barnaul Anti-war protest   Moscow   06/03/2022 article 19.3 § 1 of CAO detention for 10 days Moscow City Court 14/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.30 p.m. on 06/03/2022 until 10.10 a.m. on 07/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   5,000     39210/22 26/07/2022 Anna Viktorovna TRUTYAYEVA Baranova Natalya Andreyevna Moscow Anti-war protest   St Petersburg   27/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court 29/03/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.20 p.m. on 27/02/2022 until 4.30 a.m. on 28/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative-offence proceedings . 4,000     40056/22 11/08/2022 Vyacheslav Sergeyevich GORDIYENKO Baranova Natalya Andreyevna Moscow Anti-war protest   St Petersburg   06/03/2022 article 20.2 § 6.1 of CAO detention for 10 days St Petersburg City Court 14/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 2.05 p.m. on 06/03/2022 until the first instance court hearing on 07/03/2022 at 1.10 p.m.;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings;   Prot. 7 Art. 2 - delayed review of conviction by a higher tribunal - the sentence of administrative detention imposed on the applicant was executed immediately, on account of the lack of suspensive effect of an appeal under the CAO.   5,000     40284/22 02/08/2022 Dmitriy Aleksandrovich POYMANOV Baranova Natalya Andreyevna Moscow Anti-war protest   St Petersburg   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court 12/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5 p.m. on 06/03/2022 until the first instance court hearing on 07/03/2022 at 4.30 p.m.;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings . 4,000     40428/22 08/08/2022 Dmitriy Aleksandrovich DAVYDOV Baranova Natalya Andreyevna Moscow Anti-war protest   Arkhangelsk   06/03/2022 article 19.3 § 1 of CAO fine of RUB 2,000 Arkhangelsk Regional Court 17/04/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000     40517/22 02/08/2022 Alena Aleksandrovna PALATCHENKO Baranova Natalya Andreyevna Moscow Anti-war protest   St Petersburg   25/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court 05/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.50 p.m. on 25/02/2022 until the first instance court hearing on 26/02/2022 at 7.20 p.m.;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings . 4,000     44228/22 18/08/2022 Andrey Aleksandrovich PERMYAKOV Bushmakov Aleksey Vladimirovich Yekaterinburg Anti-war protest   Yekaterinburg   06/03/2022 article 20.2 § 5 of CAO fine of RUB 12,000 Sverdlovsk Regional Court 08/06/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings . 4,000   44818/22 25/08/2022 Alena Denisovna SMIRNOVA Kulikov Sergey Sergeyevich Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 27/04/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.10 p.m. on 06/03/2022 until the first instance court hearing on 07/03/2022 at 5.40 p.m.;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   45962/22 10/09/2022 Eldar Damirovich MURATOV Lapuzin Aleksey Sergeyevich Samara Anti-war protest   Samara   06/03/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Samara Regional Court 12/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3 p.m. until 10.10 p.m. on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   46171/22 15/09/2022 Yevgeniy Romanovich KAN Valiulin Sergey Aleksandrovich Vladivostok Anti-war protest   Vladivostok   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Primorye Regional Court 16/05/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings. 3,500   46178/22 07/09/2022 Valentin Andreyevich MARKIN     Anti-war protest   Samara   27/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Samara Regional Court 19/05/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 27/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   46191/22 13/09/2022 Mikhail Aleksandrovich YEVSTIFEYEV Kulikov Sergey Sergeyevich Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 § 6.1 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 18/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.10 p.m. on 06/03/2022 until the first instance court hearing on 07/03/2022 at 6 p.m.;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings . 4,000   46504/22 14/09/2022 Pavel Aleksandrovich MATYUKHIN Vasilchenko Olesya Anatolyevna Minyar Anti-war protest   St Petersburg   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 St Petersburg City Court 17/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 5 p.m. until 9.10 p.m. on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.     4,000   46511/22 14/09/2022 Aleksandra Alekseyevna NAMESTNIKOVA Vasilchenko Olesya Anatolyevna Minyar Anti-war protest   St Petersburg   06/03/2022 article 20.2 § 5 of CAO 30 hours of community work St Petersburg City Court 24/05/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   46965/22 16/09/2022 Yekaterina Alesevna KLESHCHENKO Tregubova Yuliya Mikhaylovna Balashikha Anti-war protest   Moscow   25/02/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 27/07/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 8.50 p.m. on 25/02/2022 until 6.30 a.m. on 26/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   47153/22 15/09/2022 Sergey Aleksandrivich SAFONOV Kulikov Sergey Sergeyevich Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 18/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3 p.m. on 06/03/2022 until 1.30 p.m. on 07/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   47164/22 13/09/2022 Olga Alekseyevna BAZHENOVA Kulikov Sergey Sergeyevich Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 22/06/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   47329/22 15/09/2022 Darya Mikhaylovna KUZMINA Kulikov Sergey Sergeyevich Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO fine of RUB 5,000 Nizhniy Novgorod Regional Court 22/06/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings . 4,000   47585/22 15/09/2022 Karen Rubenovich DANIYELYAN Baranova Natalya Andreyevna Moscow Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 05/07/2022 Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings. 3,500   47695/22 22/09/2022 Yevgeniya Valeryevna KAMINSKAYA Bochilo Anna Yevgenyevna Barnaul Anti-war protest   Nizhniy Novgorod   24/02/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Nizhniy Novgorod Regional Court 25/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 8.25 p.m. on 24/02/2022 until 2.55 p.m. on 25/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   48302/22 19/09/2022 Yevgeniy Gennadyevich PANKRATYEV Baranova Natalya Andreyevna Moscow Anti-war protest   Moscow   27/02/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 21/06/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 27/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   48481/22 16/09/2022 Nataliya Pavlovna KRYUKOVA Baranova Natalya Andreyevna Moscow Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 19/07/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.50 p.m. until 8.08 p.m. on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   48552/22 30/09/2022 Nikita Dmitriyevich MILUSHKIN Zinovyev Konstantin Mikhaylovich Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Nizhniy Novgorod Regional Court 01/06/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station for compiling an offence report from 3.10 p.m. on 06/03/2022 until 1 a.m. on 07/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings. 4,000   49400/22 02/10/2022 Kseniya Igorevna KRIKUNENKO Rudneva Daria Moscow Anti-war protest   Moscow   27/02/2022 article 20.2 § 5 of CAO fine of RUB 20,000 Moscow City Court 03/06/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 27/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   49518/22 30/09/2022 Yuliya Yevgenyevna SEMIGODOVA Mikhaylova Varvara Dmitriyevna St Petersburg Anti-war protest   Nizhniy Novgorod   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 01/06/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 3.10 p.m. on 06/03/2022 until the first instance court hearing on 07/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   50077/22 12/10/2022 Raksana Dalerovna ILNAZAROVA Bochilo Anna Yevgenyevna Barnaul Anti-war protest   Perm   24/02/2022 article 20.2 § 5 of CAO 30 hours of community work Perm Regional Court 22/06/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 24/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   50655/22 25/09/2022 Aleksandr Nikolayevich VOLNUSHKIN Sozonov Ruslan Vladimirovich Nizhniy Novgorod Anti-war protest   Nizhniy Novgorod   24/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Nizhniy Novgorod Regional Court 25/05/2022 Art. 5 (1) - unlawful detention - escorting to and detention at the police station after compiling an offence report from 7.40 p.m. on 24/02/2022 until 12.30 p.m. on 25/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   52127/22 14/10/2022 Uliana Aleksandrovna VOLOKHOVA     Anti-war protest   Moscow   26/02/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 15/06/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 26/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   52960/22 26/10/2022 Darya Andreyevna ZUBKOVA Baranova Natalya Andreyevna Moscow Anti-war protest   Moscow   06/03/2022 article 20.2 § 5 of CAO fine of RUB 10,000 Moscow City Court 01/07/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 06/03/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   54277/22 17/10/2022 Mariya Aleksandrovna YEGOROVA     Anti-war protest   Moscow   24/02/2022 article 20.2 § 5 of CAO fine of RUB 15,000 Moscow City Court 17/06/2022 Art. 5 (1) - unlawful detention - escorting to the police station for compiling an offence report on 24/02/2022;   Art. 6 (1) - lack of impartiality of the tribunal in view of the absence of a prosecuting party in administrative‑offence proceedings.   4,000   [1] Plus any tax that may be chargeable to the applicants.